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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My fiancee and I bought a house in Michigan, before we were

Customer Question

My fiancee and I bought a house in Michigan, before we were married November 2014. Private mortgage, both of us signed. The house was put into his name for homestead tax purposes, and because I am a Canadian who applied for status after our marriage Nov 14th, 2015. He filed for chap 7 June 2015 to rid himself of his exes debts and looked like with mich exemptions and house value his bankruptcy was easily done. Trustee says private mortgage wasn't perfected therefore invalid. Now trustee wants us to pay all debts in full plus thousands to him and almost ten thousand to his "lawyer" in his same building... Do I have any rights to my home I paid for in any of this?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, there is an issue in that your name was not on the deed. Without being on the deed and without filing a lien on the deed before this occurred, the trustee is right, you will not have rights to the home sadly. This is something that without a written agreement and without filing the lien (perfecting it) you have lose your rights to make claims in the home. You could try to sue your boyfriend for your contributions, but he would just include that debt in his bankruptcy.

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